Special Educational Needs and Disability Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 2
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
45*     Page 3, line 29, leave out ("with") and insert ("who has, or whose parents believe may have") 
  
BY THE LORD LUCAS
 
46     Page 3, line 30, after ("needs") insert (", or who believes that their child may have such needs,") 
  
BY THE LORD BAKER OF DORKING
 
47*     Page 3, line 30, at end insert ("all alternative options on") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
48     Page 3, line 31, at end insert ("and to their entitlements under this Act and previous Education Acts") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
49*     Page 3, line 40, leave out ("proprietors") and insert ("governing bodies") 
50*     Page 4, line 2, leave out ("omit paragraph 6(b)") and insert ("in paragraph 6(b), for "name of the person" substitute "names of those persons"") 
  
After Clause 2
 
  
BY THE LORD LUCAS
 
51     Insert the following new Clause-- 
      ("  .  In the 1996 Act, insert the following section--Research.
 Duty to research.     318A.--(1)  The Secretary of State may fund research into the operation of this Part, and into the effectiveness of alternative methods of educating children with special educational needs. 
  
        (2)  For the purposes of such research, a local education authority shall collect such data as the Secretary of State may require.
        (3)  For the purposes of such research, a school shall provide a local education authority with such data as may be required for the purposes of subsection (2) above."")
 
52     Insert the following new Clause-- 
 
        ("  .  In the 1996 Act, insert the following section--
Special educational provision: interests of child.
 Interests of child.     315A.  A local education authority shall at all times act in the best interests of a child for whom they are responsible."") 
  
Clause 3
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
53*     Page 4, line 12, leave out ("proprietor") and insert ("relevant authority") 
  
BY THE LORD LUCAS
 
54     Page 4, line 13, after ("made") insert ("in a statement") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
55     Page 4, line 15, after ("persons") insert ("knowledgeable about issues arising in special educational needs provision") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
56*     Page 4, line 16, at end insert--
        ("(  )  Independent persons" as required in subsection (3) above, shall mean persons with no previous connection with the parents and the child, nor of any of the authorities involved in the dispute, but shall include persons of knowledge and experience relevant to the special educational needs of the child.")
 
57*     Page 4, line 25, leave out ("proprietors") and insert ("relevant authorities") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
58     Page 4, line 29, at end insert ("nor shall they add unreasonably to the length of time taken to resolve disputes") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
THE BARONESS BLATCH
 
59     Page 4, line 29, at end insert--
        ("(  )  The authority must inform the parent that arrangements for the resolution of disputes cannot affect the entitlement of a parent to appeal to the Tribunal.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
60*     Page 4, line 43, after ("324,") insert--
      ("(  )  an independent school named by the parents of the child,")
 
  
BY THE LORD ASHLEY OF STOKE
 
61*     Page 4, line 44, at end insert--
        ("(9)  In the arrangements made under this section with respect to a dispute arising under section 316, the local education authority must make provision for the child's views to be taken into account having regard to the child's age and maturity.")
 
  
Clause 4
 
  
BY THE BARONESS BLATCH
 
62*     Page 5, line 5, at end insert ("and no prescribed period will be later than 6 months after the date on which the order was made") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
63     Page 5, line 5, at end insert--
        ("(  )  In fulfilment of this condition, the authority shall be required to submit to the tribunal on or before the prescribed date written confirmation that it has complied with the order.")
 
  
BY THE BARONESS BLACKSTONE
 
64     Page 5, line 5, at end insert--
        ("(  )  Regulations under this section, so far as they relate to Wales, require the agreement of the National Assembly for Wales.")
 
  
Clause 5
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
65*     Page 5, line 16, leave out ("withdrawn") and insert ("granted to the parent") 
  
BY THE LORD LUCAS
 
66     Page 5, line 16, at end insert (", save only for the purposes of statistical reporting of the results of the appeals") 
  
Before Clause 7
 
  
BY THE BARONESS BLATCH
 
67*     Insert the following new Clause-- 
 
        ("  .  The code of practice shall require that all pupils with special educational needs, with statements and without, shall be set clear objectives concerning academic progress, including progress in reading, against which the provision specified or provided shall be monitored and reviewed.")
Objectives concerning academic progress.
  
Clause 7
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
68*     Page 6, line 3, at beginning insert--
        ("( ) The parent of a child for whom no statement is maintained under section 324 shall be informed before special educational provision is made for him, and if the parent objects to such provision being made as being unnecessary or inappropriate, the dispute shall be resolved as provided for in section 3 of this Act, and until it is resolved, the special educational provision shall not be made.")
 
69*     Page 6, line 38, leave out ("made") and insert ("proposed") 
70*     Page 6, line 39, at end insert (", that the parent's consent is being sought before such provision is made, and that in the event of a dispute with the parent, it shall be resolved according to the procedures in section 3 of this Act") 
  
Clause 8
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
71*     Page 6, line 45, after ("body") insert ("or the parent of the child") 
72*     Page 7, line 2, leave out ("six") and insert ("three") 
73*     Page 7, line 4, leave out ("it is necessary for") and insert ("a request from the responsible body or the parent has been made to") 
74*     Page 7, line 7, leave out ("deciding whether to") 
  
BY THE BARONESS DARCY DE KNAYTH
 
75     Page 7, line 19, at end insert--
        ("(  )  Regulations may provide that local education authorities, where they are under a duty to serve a notice under section 329A(3), shall do so within a prescribed period.")
 
  
BY THE LORD LUCAS
 
76     Page 7, line 20, after ("than") insert ("10 days nor more than") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
77*     Page 7, line 22, leave out ("decide whether to") 
  
BY THE LORD LUCAS
 
78     Page 7, line 23, at end insert ("unless the child's parent consents in writing to such an action") 
79     Page 7, line 38, after ("parent") insert ("or responsible body") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
80*     Page 8, line 9, at end insert--
      ("(  )  an independent school.")
 
81*     Page 8, line 14, leave out ("proprietor") and insert ("headteacher and the governing body (or both)") 
  
After Clause 8
 
  
BY THE LORD LUCAS
 
82     Insert the following new Clause-- 
 
        ("  .  In section 323(3) of the 1996 Act (assessment of educational needs), after "an" insert "independent".")
Independent assessment of educational needs by local education authority.
83     Insert the following new Clause-- 
 
        ("  .  In section 328 of the 1996 Act (reviews of educational needs), after subsection (6) insert--
        (7)  If a review of a statement under this section concludes that the statement should be amended, the local authority shall take the appropriate steps to so amend the statement."")
Review of statement.
  
Clause 9
 
  
BY THE BARONESS BLATCH
 
84*     Page 8, line 19, leave out ("not") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
85*     Page 8, line 22, at end insert ("but the name of the school, institution or other arrangement made by the parent should be recorded in the statement") 
  
BY THE BARONESS BLATCH
 
86*     Page 8, line 22, at end insert--
 
    ("(4B)  The local education authority must make the educational provision specified in the statement available for a minimum of one half a school term except where the child's parent notifies it in writing that they have made alternative arrangements for the child.
 
    (4C)  The local education authority must make the educational provision specified in the statement available until any appeal proceedings are concluded.")
 
  
BY THE LORD LUCAS
 
     The Lord Lucas gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill. 
  
After Clause 9
 
  
BY THE LORD RIX
 
87     Insert the following new Clause-- 
     ("  .  In the Nursery Education and Grant-Maintained Schools Act 1996, insert the following section--Publication of special educational needs and disability policy.
 Publication of special educational needs and disability policy.     3A.--(1)  Any provider of nursery education who-- 
  
    (a)  is in receipt of grant under the arrangements under section 1; and
 
  
    (b)  is not a maintained school,
 
 
    shall prepare and publish a special educational needs and disability policy.
 
     (2)  Regulations may make provision-- 
  
    (a)  as to the content of the special educational needs and disability policy; and
 
  
    (b)  for the review and amendment of the policy."")
 
88     Insert the following new Clause-- 
      ("  .  In the 1996 Act, for subsection (3) of section 318 substitute--
        (3)  A local authority shall supply goods or services to any authority or other person (other than a governing body within subsection (1)) for the purpose only of assisting them in making for any child in respect of whose education grants are (or are to be) made under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996 any special educational provision which any learning difficulty calls for."")
Duty to provide goods and services.
89     Insert the following new Clause-- 
 
        ("  .  In subsection (3) of section 120 of the School Standards and Framework Act 1998, after paragraph (a) insert--
      (aa)  include a statement setting out how provision will be made for children with special educational needs and disabilities; and".")
Early years development plans: provision for children with special educational needs and disabilities.
  
BY THE LORD LUCAS
 
90     Insert the following new Clause-- 
 
        ("  .  In section 576 of the 1996 Act (meaning of "parent"), after subsection (4) insert--
        (5)  For the purposes of Part IV of this Act, a child may exercise the rights conferred on a parent in relation to the Special Educational Needs Tribunal if that Tribunal declares that he is capable of so doing."")
Exercise of rights by child.
  
BY THE LORD JENKIN OF RODING
 
91*     Insert the following new Clause-- 
     ("  .  The Secretary of State may by regulations made under this Part require local education authorities to reserve sufficient resources properly to discharge their duties under Part IV of the 1996 Act as amended by this Act.")Resources.
 
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